Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14069 of 2021 Applicant :- Ghanshyam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Krishna Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No. 73 of 2021, under Sections - 379, 411 I.P.C., Section - 4/21 Mines and Minerals (Development and Regulation) Act, 1957 and Section
- 3/5 Prevention of Damages Public Properties Act, 1984 and Section - 3, 57, 70 Mines Act, Police Station - Girwan, District
- Banda, during pendency of trial.
Obviously, no good ground for granting anticipatory bail is made out, for the reason that claim of the applicant is basically on merits. However, considering the entirety of the case at this stage, it is trite law that in cases where punishment up to 7 years is prescribed, then protection of Section - 41 (1) Cr.P.C. is available to the applicant. The court or the police, as the case may be, shall act in consonance with the spirit of the same.
If the applicant has any grievance, he may seek regular bail before the appropriate forum.
With the aforesaid observation, the instant anticipatory bail application is disposed of.
It is made clear that nothing has been observed by this Court on merits.
Order Date :- 30.7.2021 S Rawat Digitally signed by Justice Arvind Kumar Mishra Date: 2021.07.30 17:10:01 IST Reason: Document Owner Location: High Court of Judicature at Allahabad